MAYA Vs. SUDESH

JUDGEMENT

(1.) This petition under Section 482, Cr. P.C. has been filed for quashing the complaint dated January 11, 1999 filed under Sections 498-A/406, I.P.C., Annexure P1 and the order dated July 7, 1989, Annexure P2.

(2.) Smt. Sudesh respondent was married to Mahipal Singh son of Kora Ram Kumhar on April 9, 1993 according to Hindu rites. Sufficient dowry including gold and silver ornaments were given at the time of dowry. The in-laws of Smt. Sudesh were not happy with the dowry and the Stridhan given in marriage. Therefore, her husband alongwith the members of his family started harassing Sudesh on one pretext or the other. In the beginning, she was asked to bring colour T. V. set or cash of Rs. 20, 000/-. The parents of Sudesh-respondent expressed their inability to fulfil their demand. Thus, she was treated with cruelty, Mahipal also stated coming late at home in a drunken condition and under the influence of liquor, he gave Sudesh severe beatings. It became a daily routine with her. The complainant was riot given proper food and clothing. Her child had died after four months of the delivery in her parents house, but nobody came to meet her or the new born child. The complainant was sent to the matrimonial home on the assurance given by four or five persons including sisters of her husband Mahipal. She gave birth to another child at the matrimonial home, but she was not provided with proper food. The entire jewellery and Stridhan was snatched by the accused Mahipal and other accused Nos. 1 to 3 in the complaint, whereas the other accused namely Smt. Birmati, Maya and Smt. Nirmala, now petitioners used to taunt her, as their houses are adjacent to that of the petitioner. On these allegations, Sudesh complainant, now respondent, filed a complaint under Sections 406/498-A, I.P.C.

(3.) The learned Magistrate vide the impugned order Annexure P2, have summoned the accused No. 1 to 3 i.e. Mahipal, Kora Ram and Smt. Nanki for the offences punishable under Sections 498-A/406, I.P.C.